882
PUBLIC LAWS-CHS. 695, 696-OCT. 15, 18, 1949
[63 STAT.
amended to read as follows: "The legal adviser shall be appointed by
the President, by and with the advice and consent of the Senate."
Availability of a
SEC. 7 . The applicable appropriation for the fiscal year ending June
30, 1950, shall be available for payment of compensation at the rate
established for any position by or pursuant to this Act unless it is
specifically provided that such appropriation shall not be available
for such purpose.
Absorption of in-
SEC. 8 . The head of each department or independent agency in the
creased costs,
executive branch of the Government, having personnel subject to the
provisions of this Act, is authorized and directed to absorb the
increased costs during the fiscal year 1950 resulting from the enact-
ment of this Act within any unobligated or unexpended balances in
appropriations available to such department or independent agency.
Nonapplicability.
This section shall not apply to any agency with respect to which the
Director of the Bureau of the Budget shall certify that absorption of
such increased costs would impair the proper performance of its
functions.
Effective date.
SEC. 9. This Act shall take effect on the first day of the first pay
period which begins after the date of enactment of this Act.
Approved October 15, 1949.
[CHAPTER 696]
October 18,1949
AN ACT
[li R. 160to]
To amend section 801 of the Federal Food, Drug, and Cosmetic Act, as amended.
[Public Law 360]
Federal Food,
Drug, and Cosmetic
Act, amendment.
52 Stat. 1058.
Destruction of inad-
missible articles;
exception.
52 Stat. 1058.
21U.S .C . 381(b).
Delivery pending
decision.
Bond.
Relabeling, etc., of
article.
Supervision.
Be it enacted by the Senate and House of ,Representatives of the
UnitedStates of America in Congress assembled, That subsection (a)
of section 801 of the Federal Food, Drug, and Cosmetic Act, as
amended (21 U. S. C. 381 (a)), is amended by striking out the period
at the end of the second sentence and inserting in lieu thereof: ", except
as provided in subsection (b) of this section. The Secretary of the
Treasury shall cause the destruction of any such article refused admis-
sion unless such article is exported, under regulations prescribed by
the Secretary of the Treasury, within ninety days of the date of notice
of such refusal or within such additional time as may be permitted
pursuant to such regulations."
SEC. 2 . Subsection (b) of such section is amended to read:
"(b) Pending decision as to the admission of an article being
imported or offered for import, the Secretary of the Treasury may
authorize delivery of such article to the owner or consignee upon the
execution by him of a good and sufficient bond providing for the pay-
ment of such liquidated damages in the event of default as may be
required pursuant to regulations of the Secretary of the Treasury.
If it appears to the Administrator that an article included within the
provisions of clause (3) of subsection (a) of this section can, by
relabeling or other action, be brought into compliance with the Act or
rendered other than a food, drug, device, or cosmetic, final determina-
tion as to admission of such article may be deferred and, upon filing
of timely written application by the owner or consignee and the execu-
tion by him of a bond as provided in the preceding provisions of this
subsection, the Administrator may, in accordance with regulations,
authorize the applicant to perform such relabeling or other action
specified in such authorization (including destruction or export of
rejected articles or portions thereof, as may be specified in the Admin-
istrator's authorization). All such relabeling or other action pur-
suant to such authorization shall in accordance with regulations be
under the supervision of an officer or employee of the Federal Security
Agency designated by the Administrator, or an officer or employee
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